IFC seeks to hire a legal consultancy firm or a consortium of legal consultancy firms (the “Consultant”) to support IFC with all legal and regulatory aspects related to the structuring and implementation of the PPP Transaction, including but not limited to the following:
- Reviewing all legal reports, analyses and legal proceedings relevant to the Project, identifying legal and regulatory red flags (if any) and proposing remediation measures in the context of applicable laws and regulations.
- Advising on risk allocation and transaction structuring parameters.
- Advising on treatment of the Project under ESA rules (legal aspects).
- Advising on the optimal tender strategy.
- Drafting, and subsequently updating during the tender process, the PPP agreement and the tender documents.
- During the tender process, advising the Client and providing assistance as needed (incl. administration), supporting with all relevant aspects of the tender procedure, including administration, participating in negotiations with bidders, amending all relevant project and tender documents, reviewing tender proposals and advising on relevant aspects of bid evaluations and tender award.
- Assisting with all relevant legal aspects of the Project until commercial close (i.e. signing of the PPP agreement).
- Providing relevant support until financial close (i.e. signing of the financing agreements).
The Consultant will have to attend all meetings related to the preparation and implementation of the tender procedure. The Consultant will need to actively cooperate with the other consultants hired by IFC and with the Client to coordinate advice and prepare joint deliverables and translate technical and financial inputs into the tender documents. The Consultant is expected to bring expertise in international best practices.
Expressions of Interest (“EOI”)
Expressions of Interest shall not exceed 50 pages, excluding CVs.
Candidates must disclose in the EOI submission the identity of the key staff that will be forming part of the team for the assignment (team leader, partners, key staff members against main deliverables) and demonstrate how key staff fulfill the evaluation criteria. Key staff shall not be removed at the Request for Proposal (RFP) stage, unless it is replaced with a staff with at least the same level of experience and qualifications.
The Consultant must demonstrate international knowledge and experience, as well as knowledge and experience of the Czech legal framework, either through its own internal resources or by partnering with a Czech law firm. Therefore, the candidate may be a single firm, a consortium of several firms, or a lead firm with a subconsultant. Firms will be allowed to be part of more than one bidding consortium.
Candidates who pass the EOI evaluation in a consortium or with subconsultant will not be allowed to remove consortium members/subconsultants at the RFP stage.
Candidates must disclose any past or present engagement with IFC or SZ in relation with the Project which may constitute a potential conflicts of interest to IFC at the EOI stage, so that IFC can consider the circumstances and determine (in its absolute discretion) whether such candidate may proceed with the bidding process and (if appropriate) what mitigation measures IFC would require.
Candidates who are not currently registered in the World Bank Group’s vendor database will need to register. Although unregistered bidders may submit EOIs, we encourage candidates to register as early as possible. For details, please follow the link:
https://www.worldbank.org/en/about/corporate-procurement/vendors/potential-vendor-registry
EOI Evaluation Criteria
To be shortlisted to be invited for the RFP stage, candidates must demonstrate that their key staff proposed for the assignment (either by themselves or with staff from other firms that are bidding in a consortium or through subconsultant) meet the following criteria:
Criteria #
Description
1) Demonstrate relevant recent experience in procuring private sector participation through PPPs. Preference will be given to candidates demonstrating experience with at least 3 PPP projects in the transport sector in Europe with a minimum investment amount of EUR 200m each. Candidates demonstrating experience with PPP projects which have achieved financial close is also preferred.
2) Demonstrate relevant recent experience in at least 1 railway infrastructure project (experience in high speed rail projects is preferred).
3) Demonstrate relevant recent experience with the Czech construction and public procurement legislation (experience advising on the public sector side is preferred). Preference will be given to candidates demonstrating experience with (i) 1 project in the transport sector in Czechia and (i) 1 PPP project in Czechia. Experience with project(s) which has achieved financial close in Czechia is preferred (same project can fulfil several sub-criteria).
4) Key staff must possess relevant depth of professional experience. Preference will be given to candidates with key staff including at least 1 local and 1 international expert possessing at least 15 years of relevant professional experience, including at least 5 years in the area of PPP
